Tag: Drug Possession

What Happens When You Miss Your Court Date

If you missed your court date for a criminal matter in Georgia should consult with an attorney as soon as possible to rectify the situation. Aside from the fact that missing court may have a negative effect on the outcome of your case, there may already be a warrant for your arrest. This could be true even if your appearance was only for a traffic ticket!

While both misdemeanors and felonies are crimes, a misdemeanor only carries a maximum possible jail time of 12 months. Misdemeanors include simple assault, petty theft, possession of marijuana less than one ounce, or driving under the influence (DUI) of drugs or alcohol. Common felonies include murder, rape, arson, kidnapping, aggravated assault, and the sale of illegal drugs. Repeated DUI’s may also be regarded as a felony which, in turn, will result in a much harsher punishment. A felony carries a possible jail sentence of more than 12 months. Fines for felonies are also considerably higher than those for misdemeanors.

If you don’t show up in court, the judge will cite this as a failure to appear (FTA) and might issue what is known as a bench warrant for your arrest against you. This authorizes law enforcement to locate and arrest you. This can be done at home, at work, or if you’re in college, on your campus. It is therefore vital to act immediately when you realize that you have missed your court date.

If you are arrested for an FTA, you will be taken to jail where you will remain until you appear before a judge. If the judge agrees to release you, it can be on your own recognizances or bail may be required. This depends on the severity of the original criminal charge for which you missed court. If bail was posted previously, it may have to be forfeited. In some instances, contempt of court charges may also be brought.

For any misdemeanor or felony cases, a date will be set to hear the FTA charge. This is a serious charge and it is essential to talk to a criminal defense attorney to discuss the consequences and any possible defense you might have. If the offense that you received an FTA for was traffic-related, the court will notify the Georgia Department of Drivers Services (DDS) and your driver’s license will be suspended. If you are caught driving with a suspended license, you will be arrested immediately and taken to jail. The possible penalties for driving on a suspended license are two days in jail, a minimum fine of $500, and an extended suspension of the license. Remember: this would be a new charge, in addition to the original charge for which you missed court.

What to Do if You Miss Your Court Date

If you already have an attorney, then contact him or her immediately. Depending on the offense, he or she may be able to resolve your FTA and get your driver’s license reinstated relatively easily. It becomes more complicated and costlier when an arrest for FTA has been made.

It is well known that the laws for drug possession, as well as drug manufacture, in Georgia are relatively strict. Even the simple possession of a small amount of marijuana in Georgia can lead you into serious trouble with the authorities. Therefore, it is easy to imagine that possession of more serious drugs, such as methamphetamine, have even more serious consequences.

Methamphetamine is a highly addictive synthetic drug. It is also a very dangerous one, and therefore the authorities do everything that they can in order to keep it off the streets. Although it can be prescribed, it is far more often used illegally as a simulating drug. If you are found with it on your possession, it is vital that you learn of the legal consequences so that you can work to defend yourself immediately.

What will be the consequences of methamphetamine possession in Georgia?

The legal implications of methamphetamine possession will depend on the amount that is found in your possession. However, because it is listed as a Schedule II drug, even being found with 2g or less could result in jail time of one to three years.

May there be a possibility of an alternate sentence?

In methamphetamine cases, the courts would much rather make sure that you never offend again than to see you be put in jail only to reoffend. Therefore there are possibilities to request rehabilitation treatments as an alternative sentence.

If you have been found in possession of methamphetamine in Georgia, it is vital that you take action so that you can build your defense.

Drug possession charges are taken very seriously in Georgia. The scope of the term “drug” is quite wide from a legal perspective, and the penalties for drug possession are severe, making it imperative you seek legal counsel when facing drug possession charges. Everything from heroin to certain glues can be considered a controlled substance for the purposes of a drug possession charge. Prescription drugs are no exception. Prescriptions drugs are heavily regulated in Georgia. The abuse of prescription drugs is a significant problem and so being caught in possession of an illegal prescription drug happens more than you would think. While being in possession of your own valid prescription drug is not illegal, being in possession of a fake prescription or someone else’s prescription is.

The penalties for possession of a prescription drug vary widely, but they are generally quite severe. Factors that may influence your sentencing include how the drug is scheduled under the Controlled Substance Act, what type of drug it was, the amount of the drug you were found with, your intent with the drug (i.e. for personal use or sale), and whether or not you have any prior related offenses. Many prescription drugs are regulated under the Controlled Substance Act and are scheduled according to their medical usage, their risk of dependency or abuse, and for liquid drugs, their potency or concentration. Most drug possession offenses are charged as felonies in Georgia and are punishable by anywhere from one to 40 years of incarceration.

Possession of less than one ounce of marijuana for personal use, without a valid medical marijuana prescription, is an exception. This type of possession is charged as a misdemeanor with a maximum of one year of incarceration. Even if you are found within the city limits of Atlanta, an officer may elect to charge you under O.C.G.A § 16-13-2 and if found guilty of this misdemeanor, you may serve up to 12 months in jail. Drug possession charges are serious, be it for illicit or prescription drugs. If you are facing drug possession charges, speak with an experienced drug crime defense attorney immediately. Sentencing for drug possession charges can vary greatly, but will typically include a prison sentence, fines, and a suspended driver’s license. With so much at stake, it is prudent to consult with an attorney before you appear in court. An attorney can assess your case and advise you on what kind of sentence you may face and what defense options you may have. Are you facing Georgia drug possession charges?

Not all drug crimes are created equal. Being caught with a very small amount of marijuana is not the same as being caught with heroin. The penalties for possession vary based on the type of drug, but make no mistake, possession of any controlled substance is a serious crime.

The State of Georgia has complex controlled substances statutes. These laws dictate the classification for different types of drugs, and determine the severity of penalties.

Controlled substances classifications

Georgia classifies substances by “schedules.” There are five levels of controlled substances, based primarily on the potential for abuse.

Schedule I

The substances in this category have the highest potential for a abuse. These drugs also have no accepted medical use and are not considered safe even under the supervision of a medical professional.

Examples of schedule I narcotics include heroin, LSD and even marijuana.

Schedule II

Like schedule I substances, these drugs have a high potential for abuse. The difference is that schedule II drugs are used for medical purposes under supervision. These substances also have a high likelihood of psychological or physical dependency.

Examples include OxyContin and morphine.

Schedule III

Schedule III drugs come with a lower risk of abuse, but are still considered dangerous and have a low or moderate risk of abuse or dependency. These are more commonly used by medical professionals.

Examples include Vicodin and anabolic steroids.

Schedule IV and V

These are the lowest classifications of controlled substances. Schedule IV and V include substances that are more commonly prescribed by medical professionals and have a lower potential for abuse or dependency.

Drug possession charges should not be taken lightly — the lowest level offenses can include prison time. Even possession of a small amount of marijuana could land you in jail. Possessing any amount of marijuana over 1 oz is a felony and punishable by up to 10 years in prison with a 1 year mandatory minimum, as well as fines.

Penalties for other drug possession charges are as follows:

•2 to 15 years in prison for schedule I or II drugs, with up to 30 years for subsequent convictions.

•2 to 15 years in prison for non-narcotic schedule II drugs, with 5 to 30 years for subsequent convictions.

•1 to 5 years in prison for schedule III, IV or V drugs, with 1 to 10 years for subsequent convictions.

It can be easy to fall into the trap of thinking that possession isn’t a serious crime. Don’t be fooled. Possessing any controlled substance puts you at risk for life-altering penalties.